Taxation

TDS Rates & Tax Provisions for F.Y.2018-19

TDS Rates & Tax Provisions for F.Y.2018-19

TDS stands for tax deducted at source. As per the Income Tax Act, any company or person making a payment is required to deduct tax at source if the payment exceeds certain threshold limits. TDS has to be deducted at the rates prescribed by the tax department.

The company or person that makes the payment after deducting TDS is called a deductor and the company or person receiving the payment is called the deductee. It is the deductor’s responsibility to deduct TDS before making the payment and deposit the same with the government. TDS is deducted irrespective of the mode of payment–cash, cheque or credit–and is linked to the PAN of the deductor and deductee.

TDS is deducted on the following types of payments:

Salaries

Interest payable by assessee

Rent payments

Consultation fees

Professional fees

The assesse is mandatorily required to deduct tax at source (“TDS”) in applicable cases on various payments (by way of salaries, payment to vendors, rent, etc.) and deposit the same with the Government, within the stipulated time. A short deduction of TDS or non-deduction results in the Assessee being treated as an ‘assessee-in-default’ and consequently, the Assessee is liable for payment of interest on TDS, penalty, etc. Also, such payments are disallowed as a deduction under the Income-tax Act, 1961 where there is a default in deduction and/or deposit of TDS.

Income by way of interest from infrastructure debt fund (non- resident)

–

5

5

NO

194LC

Income by way of interest by an Indian specified company to a non-resident / foreign company on foreign currency approved loan / long-term infrastructure bonds from outside India (applicable from July 1, 2012)

–

5

5

NO

194LD

Interest on certain bonds and Govt. Securities (from 01-06-2013)

–

5

5

NO

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TDS Rates

Notes:

a) No TDS on Goods & Service Tax: As per circular no. 23/2017 dated 19.07.2017 of CBEC, TDS is not applicable on Goods and Service Tax (GST) where GST is shown separately.

b) No Surcharge, Health & Education Cess is not deductible on payments made to residents, other than salary

c) Deduction of TDS at a lower rate or non-deduction of TDS:

i) Deduction of TDS at a lower rate:

In case where a certificate for deduction of TDS at a lower rate u/s. 197 is obtained from the customer/ vendor, it should be confirmed whether the amount of payment is within the limit and valid for the period specified in the certificate u/s. 197 along with the certificate no. using the ‘197 Validation’ facility on the TRACES website.

ii) Non-deduction of TDS:

Please note that Form No. 15G can be accepted by the Assessee only when the total interest amount payable is less than the minimum exemption limit, which is Rs. 2,50,000 for financial year 2018-19. In case the same exceeds the above limit, then TDS is to be deducted as per the applicable provisions.

In case of Form No. 15H, the same is not acceptable if the total taxable income of the customer/ vendor including the interest income after claiming deductions under chapter VI(A) exceeds the minimum exemption limit, which is Rs. 3,00,000 for senior citizen/ Rs. 5,00,000 for super senior citizen for financial year 2018-19.

d) TDS at higher rate: If a person fails to furnish PAN to the Assessee whose receipts are subject to TDS, then, the TDS is to be deducted at higher of the following rates”

i) The rates in force or

ii) 20%

Exemption for deduction of TDS at a lower rate or non-deduction of TDS as discussed in Point 1-C is not admissible in case of Invalid PAN/ No-PAN.

e) TDS on Good Transport: TDS shall be applicable on payment to transporters, i.e., contractors in the business of plying, hiring or leasing goods carriages. However, TDS exemption will be available to transporter owning 10 (ten) or less goods carriage at any time during the previous year. For claiming such exemption, transporter would also need to furnish a declaration to the Assessee along with a copy of PAN. For transporter not covered above, TDS is to be deducted at normal rates as given in above table.

2) Due dates for deposit/remittance of TDS to Central Government

For the months of April to February (Monthly) – on or before 7th day from the end of the month in which tax is deducted.

For the month of March – 30th April

Section 194IA/194IB

For any month – on or before 30th day from the end of the month in which tax is deducted.

3) Interest on non-deduction/ non-payment of TDS

As per Sec. 201(1A) of the Income-tax Act, 1961, if the Assessee does not deduct the whole or any part of the TDS or after deducting fails to pay the TDS as required by or under the Act, then the Assessee is liable to pay simple interest on the amount of such TDS, for every month or part of a month, at the rate of:

1% from the date on which such TDS was deductible up to the date on which such TDS is deducted; and

5% from the date on which such TDS was deducted up to the date on which such TDS is paid

4) Feed for Late filing of TDS Return

As per Sec 234E of Income tax Act 1961, where a person fails to deliver or cause to be delivered a statement within the time prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C, he shall be liable to pay, by way of fee, a sum of two hundred rupees for every dayduring which the failure continues, maximum to the amount of tax deducted.

5) Due dates for filing of e-TDS returns & issue of TDS certificates

a) In respect of any other TDS (other than TDS u/s. 194-IA):

Quarter

Period

Due Date for filing of e-TDS Return

Due Date for issuing TDS certificate [in Form no. 16A]

Q-1

1st April to 30th June

31st July

15th August

Q-2

1st July to 30th September

31st October

15th November

Q-3

1st October to 31st December

31st January

15th February

Q-4

1st January to 31st March

31st May

15th June

b) In respect of TDS u/s 194IA

i) A challan-cum-statement in Form No.26QB is to be filed within 30 days from the end of the month in which the deduction is made

ii) TDS certificate in Form no.16B is to be issued to the payee within 15 days from due date of furnishing statement in Form no. 26QB

c) In respect of TDS u/s 194IB

i) A challan-cum-statement in Form No.26QC is to be filed within 30 days from the end of the month in which the deduction is made

ii) TDS certificate in Form no.16C is to be issued to the payee within 15 days from due date of furnishing statement in Form no. 26QC

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